Proceedings of the American Society of International Law at its Annual Meeting Volume 16, pt. 1922 - Tapa blanda

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 Excerpt: ...I. A review of the practice during the World War shows an abandonment of the distinction between absolute contraband and conditional contraband, not merely as regards foodstuffs but in general as regards all classes of goods. The reasons were such as: (1) The impossibility of devising acceptable lists of absolute and conditional contraband. (2) The difficulty in distinguishing between material for food and for war purposes, e.g., fats. (3) The difficulty in determining the actual use to which foodstuffs would be put when bound for a belligerent country, e.g., when national resources are mobilized. A review of pertinent diplomatic papers and court decisions shows that the theoretical distinction between absolute contraband and conditional contraband has not a sound rational basis. The reasons were such as: (1) The impairment, if not disappearance, of the distinction between civil and military population. (2) The right of a state to make its own list of contraband. (3) The impossibility of making clear and continuing distinctions between absolute and conditional contraband even if utmost good faith prevail. The proposal that a neutral government certify the non-hostile use of foodstuffs exported from its jurisdiction has been put forward at various times, but it has not as yet been adopted. (The shipments of foods for humanitarian relief is not here considered, e.g., Belgian relief shipments.) The proposal involves such difficulties as: (1) The problems in determination of what is non-hostile use, e.g., food for workers in a woolen mill versus workers in an ammunition factory. (2) Possibility of mobilization of all the population, e.g., as in the World War. (3) The placing of additional and heavy burdens on neutral states, e.g., in certification of cargoes. (...